2024 -- S 2684

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LC004734

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- STATE IDENTIFICATION CARDS

FOR MINORS WITHOUT RESIDENCE ACT

     Introduced By: Senators Kallman, Bissaillon, Miller, Lawson, Rogers, Gu, and Mack

     Date Introduced: March 01, 2024

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

is hereby amended by adding thereto the following chapter:

CHAPTER 10.5

STATE IDENTIFICATION CARDS FOR MINORS WITHOUT RESIDENCE ACT

     31-10.5-1. Short title.

     This chapter shall be known and may be cited as the "State Identification Cards For Minors

Without Residence Act".

     31-10.5-2. Minors without permanent residence.

     (a) Minors between fourteen (14) and seventeen (17) years of age, that are Rhode Island

residents without a permanent residence shall be eligible to receive a state identification card issued

by the department of motor vehicles (DMV) pursuant to § 3-8-6.1.

     (b) For issuance of state identification cards, the DMV shall accept the following as proof

of identification:

     (1) Minors in the care of the department of children, youth, and families (DCYF) shall be

eligible for a state identification card with a signed letter from the administrator of DCYF.

     (2) Minors in the care of a shelter shall be eligible for a state identification card with a

signed letter from the administrator of the shelter.

     (3) Minors residing in a shelter with a parental guardian for at least thirty (30) days shall

be eligible with a letter from the shelter administrator attesting to their occupancy in the shelter,

the minor's birth certificate, social security card, passport or driver’s license. In the event a minor

is residing in a shelter without a parental guardian due to unforeseen circumstances, the shelter

administrator may represent the child as the legal guardian for the purposes of this section.

     (c) Minors seeking state identification cards in accordance with this chapter shall be exempt

from the licensing fees contained in § 3-8-6.1.

     SECTION 2. Sections 23-3-24 and 23-3-25 of the General Laws in Chapter 23-3 entitled

"Vital Records" are hereby amended to read as follows:

     23-3-24. Copies of data from vital records.

     In accordance with § 23-3-23 and the regulations adopted pursuant to that section:

     (1) The state registrar of vital records shall upon request issue a certified copy of any

certificate or record in his or her custody or a part thereof. Each copy issued shall show the date of

registration; and copies issued from records marked “delayed,” “amended,” or “court order” shall

be similarly marked and show the effective date. Any copies issued of a “certificate of foreign

birth” shall indicate this fact and show the actual place of birth.

     (2) The custodian of permanent local records shall upon request issue a certified copy of

any certificate or record in his or her custody only in a form that shall be prescribed by the state

director of health.

     (3) A certified copy of a certificate or any part thereof, issued in accordance with

subdivision (1) or (2) of this section, shall be considered for all purposes the same as the original,

and shall be prima facie evidence of the facts stated in the certificate, provided that the evidentiary

value of a certificate or record filed more than one year after the event, or a record which has been

amended, or a “certificate of foreign birth,” shall be determined by the judicial or administrative

body or official before whom the certificate is offered as evidence.

     (4) The National Office of Vital Statistics may be furnished copies or data that it may

require for national statistics; provided, that the state shall be reimbursed for the cost of furnishing

the data; and provided further, that the data shall not be used for other than statistical purposes by

the National Office of Vital Records unless so authorized by the state registrar of vital records.

     (5) Federal, state, local, and other public or private agencies may, upon request, be

furnished copies or data for statistical purposes upon terms or conditions that may be prescribed by

the state director of health.

     (6) No person shall prepare or issue any certificate which purports to be an original certified

copy, or copy of a certificate of birth, death, or fetal death, except as authorized in this chapter or

regulations adopted under this chapter.

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     (7) A child who is at least sixteen (16) years of age and who either does not have a residence

address or is in the department of children, youth and family's custody may receive a certified copy

of the child's certificate of birth registration without the signature of the child’s parent, guardian,

or foster parent.

     23-3-25. Fees for copies and searches

     (a) The state registrar shall charge fees for searches and copies as follows:

     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or

a certification that the record cannot be found, and each duplicate copy of a certificate or

certification issued at the same time, the fee is as set forth in § 23-1-54.

     (2) For each additional calendar year search, if applied for at the same time or within three

(3) months of the original request and if proof of payment for the basic search is submitted, the fee

is as set forth in § 23-1-54.

     (3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54.

     (4) For processing of adoptions, legitimations, or paternity determinations as specified in

§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54.

     (5) For making authorized corrections, alterations, and additions, the fee is as set forth in

§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and

additions on records filed before one year of the date on which the event recorded has occurred.

     (6) For examination of documentary proof and the filing of a delayed record, there is a fee

as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of

a certified copy of a delayed record.

     (b) Fees collected under this section by the state registrar shall be deposited in the general

fund of this state, according to the procedures established by the state treasurer.

     (c) The local registrar shall charge fees for searches and copies of records as follows:

     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a

certification of birth or a certification that the record cannot be found, the fee is twenty dollars

($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is

fifteen dollars ($15.00).

     (2) For each additional calendar year search, if applied for at the same time or within three

(3) months of the original request and if proof of payment for the basic search is submitted, the fee

is two dollars ($2.00).

     (d) Fees collected under this section by the local registrar shall be deposited in the city or

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town treasury according to the procedures established by the city or town treasurer except that six

dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the

general fund of this state.

     (e) To acquire, maintain, and operate an electronic statewide registration system (ESRS),

the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified

records request, no more than three dollars ($3.00) for each duplicate certified record, and no more

than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record

requested for a local registrar. Notwithstanding the provisions of subsection (d), any such

surcharges collected by the local registrar shall be submitted to the state registrar. Any funds

collected from the surcharges listed above shall be deposited into the information technology

restricted receipt account (ITRR account) established pursuant to § 42-11-2.5(a).

     (f) An individual in accordance with § 23-3-24(7) shall not be charged a fee by the state

registrar.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- STATE IDENTIFICATION CARDS

FOR MINORS WITHOUT RESIDENCE ACT

***

     This act would allow a minor between fourteen (14) and seventeen (17) years of age who

does not have a permanent residence or is in the custody of the department of children, youth and

families to receive a state identification card without a signature from a parent, guardian or foster

parent at no cost as well as a certified copy of the minor's birth certificate.

     This act would take effect upon passage.

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